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   "infringing product" saturated market
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   Author  Topic: "infringing product" saturated market  (Read 2403 times)
kim
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"infringing product" saturated market
« on: Nov 19th, 2007, 10:23am »
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my application was filed in 2003 this hughly reputable very profitable company has been practicing said method..  my attorney says not just by DOE, i contact company to try to come to an agreement before the claims issue ... not really concerned about the billions they have made an attribute to this method alone. per documentation , have a conference and they low ball a price for assignment, they have currently put their competitors on notice however my application still predates theirs,. last spoke about two weeks ago , and they left it at we'd be in touch the following week for a resolution, neither myself nor their council , transaction person has been in contact with me, is this the parts where we go to our respective corners and come out fists up?
 
 
what am i to expect , should i contact them again? or just figure that we're going to war? they seemed very motivated to settle.. and is there a method for licensing that i can offer to the competition ( i put them on notice back in 2004 aswell ) however they havent this company had pending status untill 2006... seems as though they'd be more willing to license through me and that it'd come at a better price then with there actuall competition.
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CriterionD
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Re: "infringing product" saturated marke
« Reply #1 on: Nov 19th, 2007, 1:07pm »
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on Nov 19th, 2007, 10:23am, kim wrote:
they seemed very motivated to settle..  

 
Actions speak louder than words.  Believe it or not, the cliched phrase even applies to high stakes business negotiations.
 
Not to infer to they aren't willing to settle, or might not be motivated to do so.  I believe it would be tough for anyone to provide truly useful, specific advice to you based on the information provided here.  
 
I might advise consulting with your patent attorney, consulting with another patent attorney (if you are looking for a second opinion or are reluctant to trust your own), or consulting with a licensing professional (who may very well be an attorney as well).
 
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www.criteriondynamics.com
kim
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Re: "infringing product" saturated marke
« Reply #2 on: Nov 19th, 2007, 3:28pm »
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so is it in bad taste or make my side look bad if we contact them first they did shoot the first offer and its been two weeks now,  
 
im just unsure how to approach the situation my attorneys motivations are closer towards the litigation aspect , but he recently came on board im less interested in the whole pie scenerio and more in a workable solution thats fair for all concerned,.. im just not sure who moves next and being the holidays , as well as that im due any minute now ( a baby ) im not going to have the time to be accomodating soon , honestly maybe im being to fair to them.. what would you do ?  
 
they offered first,
they said that we'd be in contact  
I countered  
they still said we have been in contact  
so i wait ?
do i follow up>?
do i continue?
i can also approach the other 8 companies that are practicing this same method.
what should i do?
or better what would you do?
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kim
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Re: "infringing product" saturated marke
« Reply #3 on: Nov 20th, 2007, 7:42am »
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advice please?
 
My attorney has stated to wait it out, I know he'd rather litigate, can anyone give advice or just throw your two cents in so I can get a consensus going?
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MattB
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  mbycer   MBycer
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Re: "infringing product" saturated marke
« Reply #4 on: Nov 20th, 2007, 9:58am »
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The law of litigation escapes me briefly this morning, but...
 
From what I understand, you have a pending application.  What is the status?  Currently you have no rights and will have nothing unless the patent issued.  Big company has no reason to settle with you until the patent issues.  However, if you will get a strong broad patent to issue, they'll be up $h!t's creek when you file for an injunction and damages.
 
They're playing the waiting game, they'll take their chances on any likely event that your patent won't issue, will issue narrowly or improperly (in which case they owe you nothing).  Depending on your posture (and choice of patent prosecution counsel) and available funds to litigate, they may intend to bully you.
 
I guess I'd have to agree with your counsel, wait it out.  Better yet, approach their competitors to start negotiations so that when you get the issued patent, you'll have better posture, more license targets, and may be able to get the big co.s to battle over and for you with their own purses.
 
Ha ha!
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Matthew L. Bycer
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http://www.bycer.com
http://www.cvglaw.com
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